Editorial: Quinn should lean on ISP to release records

Thursday

Apr 30, 2009 at 12:01 AMApr 30, 2009 at 1:53 AM

It’s time for acting Illinois State Police Director Jon Monken to dispense once and for all with the ISP’s practice of filibustering, obfuscating and generally throwing up every obstacle it can think of or invent to avoid releasing public records.

It’s time for acting Illinois State Police Director Jon Monken to dispense once and for all with the ISP’s practice of filibustering, obfuscating and generally throwing up every obstacle it can think of or invent to avoid releasing public records.

In the case of a public records request for Springfield Park District director Mike Stratton’s arrest report, we fear Monken is being led astray by the old bulls at the agency who want to defend the status quo at any cost. It’s time for Gov. Pat Quinn, a longtime proponent of open government, to step in and remind the ISP who is in charge.

First, a bit of background: The State Journal-Register was originally denied the records when Larry Trent was still the state police director. The ISP claimed that releasing the records would violate Stratton’s privacy, interfere with a law enforcement proceeding and hinder an investigation.

Then when the newspaper appealed, the ISP came up with new reasons, arguing that releasing the records would violate three other state laws. Monken even said he could be guilty of a crime if he released the records.

Attorney General Lisa Madigan’s office, from whom the ISP requested a legal opinion on the records’ release, was more than blunt Tuesday on what state law requires: The records should be released.

“I think it, unfortunately, demonstrates the continuation of a pattern we thought would have ended,” said Cara Smith, Madigan’s deputy chief of staff. “Out of the blue at the end of the day come three new statutes. There’s no analysis that would justify the application of those statutes to whatever documents they have. … I guess they’re alleging ‘We’re not covered by FOIA.’ Absurd. Absolutely absurd.”

We acknowledge that there is little political downside for Madigan’s office to criticize the ISP, which is run by an appointee of Quinn, her potential rival for the 2010 Democratic nomination for governor. Madigan’s opinion is not binding on the agency.

That being said, the attorney general has been largely consistent with her interpretation of state law in favor of releasing public records, even if her efforts to reform the public access law have moved slowly.

We do agree with Monken on one thing. This latest FOIA dispute is just more evidence that Madigan needs to push hard for reforms that bring clarity to Illinois public access law once and for all.

As we see it, it’s up to Pat Quinn what happens next with the Stratton report. We’ll see if his actions are consistent with his rhetoric.

State Journal-Register

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